Towards a just Internet access: republican net neutrality for the EU

Abstract

Abstract The issue of net neutrality has been the object of intense policy-making effort in EU institutions and in EU Member States. These efforts have led to the entry into force of EU Regulation 2015/2120 in 2016. This article aims to contribute to both legal discussion on this EU legislation and philosophical discussion on net neutrality. It relies upon a methodological approach conceived as a dialogue between law and political philosophy. The main hypothesis of this article is that ‘net neutrality’ is an open concept crystallizing distinct normative challenges. In order to address them, I develop a two-fold argument: first, identify underlying values and, second, use them as interpretative guidelines for legal norms. I will propose a republican understanding of the values at stake in the different traffic management measures addressed by EU Regulation 2015/2120. This republican approach is based on the definition of freedom as the absence of domination. I will show how this approach might be productive in interpreting EU regulations.